Jump to main content.


Recycled Used Oil Management Standards

Federal Registers | Supporting Documentation | Comments Received

Summary

On July 30, 2003, EPA issued a final that rule eliminates drafting errors and ambiguities in the used oil management standards. Specifically, this rule clarifies when used oil contaminated with polychlorinated biphenyls (PCBs) is regulated under the RCRA used oil management standards and when it is not; that mixtures of conditionally exempt small quantity generator (CESQG) waste and used oil are subject to the RCRA used oil management standards irrespective of how that mixture is to be recycled; and that the initial marketer of used oil that meets the used oil fuel specification need only keep a record of a shipment of used oil to the facility to which the initial marketer delivers the used oil.

On July 14, 1998, EPA issued a rule that removes three amendments to the used oil management standards originally included in the direct final rule of May 6, 1998 and restores the regulatory text that existed prior to the direct final rule. The Agency received relevant adverse comment on three provisions of this rule which deal with mixtures of conditionally exempt small quantity generator waste and used oil, the applicability of the used oil management standards to used oil contaminated with polychlorinated biphenyls (PCBs), and recordkeeping requirements for marketers of used oil meeting the used oil fuel specification. EPA will consider the comments received as it finalizes the remaining amendments in the near future. These comments are available below.

On May 6, 1998, EPA issued a direct final rule that eliminates errors and clarifies ambiguities in the used oil management standards. This rule makes clear the Agency's intention that polychlorinated biphenyl (PCB) contaminated used oil containing 50 parts per million (ppm) PCBs or greater is not subject to regulation under the used oil management standards. Used oil contaminated with 50 ppm PCBs or greater is regulated under the Toxic Substances Control Act (TSCA) rather than the Resource Conservation and Recovery Act (RCRA). Used oil containing less than 50 ppm PCBs is regulated under RCRA and may be regulated under TSCA (depending on concentration and intended use or disposition). This rule also clarifies that the requirements applicable to releases of used oil apply in States that are not authorized for the RCRA base program. In addition, this rule clarifies that mixtures of conditionally exempt small quantity generator (CESQG) wastes and used oil are subject to the used oil management standards irrespective of how that mixture is to be recycled. This rule also amends three incorrect references to the pre-1992 used oil specifications in the provisions which address hazardous waste fuel produced from, or oil reclaimed from, oil bearing hazardous wastes from petroleum refining operations. Finally, this rule clarifies that the initial marketer of used oil that meets the used oil fuel specification need only keep a record of a shipment of used oil to the facility to which the initial marketer delivers the used oil.

Top of Page


Federal Registers

Supporting materials and public comments for the Federal Registers listed below are available through EPA’s electronic public docket and comment system, Regulations.gov. The docket number is EPA-HQ-RCRA-1998-0015.

You will need Adobe Reader to view some of the files on this page. See EPA’s PDF page to learn more.

To use Regulations.gov:

In the Keyword or ID Search box, type in the docket number EPA-HQ-RCRA-1998-0015 and press “Enter” to receive search results.

Top of Page


Supporting Documentation

The docket for this rulemaking includes the following seven documents. Please note that these documents have been scanned into an electronic text format. You may view the original documents at the EPA Docket Center located at EPA West Building. The Docket Identification Number is EPA-HQ-RCRA-1998-0015 [legacy document number is F-1998-CUOP-FFFFF].

Docket Document Number: F-1998-CUOP-S0001
Docket Item: Petition for Review
From: Edison Electric Institute, et al
To: US Court of Appeals for the District of Columbia Circuit
Date: July 27, 1993
Size: 2.3MB, 2 pages (original paper copy)

Docket Document Number: F-1998-CUOP-S0002
Docket Item: Petitioners’ Preliminary and Non-binding Statement of Issues to be Raised on Appeal
From: Edison Electric Institute, et al
To: US Court of Appeals for the District of Columbia Circuit
Date: August 24, 1993
Size: 2.6MB, 2 pages (original paper copy)

Docket Document Number: F-1998-CUOP-S0003
Docket Item: Letter describing Edison Electric Institute’s outstanding issues and proposals for resolving these issues
From: Edison Electric Institute, et al
To: US Environmental Protection Agency
Date: May 6, 1994
Size: 16.3MB, 7 pages (original paper copy)

Docket Document Number: F-1998-CUOP-S0004
Docket Item: Letter describing Edison Electric Institute’s issues including a request that EPA issue a technical correction to 40 CFR 279.10(i)
From: Edison Electric Institute, et al
To: US Environmental Protection Agency
Date: July 20, 1995
Size: 27.9 MB, 12 pages (original paper copy)

Docket Document Number: F-1998-CUOP-S0005
Docket Item: Letter requesting that EPA resolve outstanding issues
From: Edison Electric Institute, et al
To: US Environmental Protection Agency
Date: October 24, 1995
Size: 2.1 MB, 2 pages (original paper copy)

Docket Document Number: F-1998-CUOP-S0006
Docket Item: Settlement Agreement
From: Edison Electric Institute, et al, US Environmental Protection Agency, and US Department of Justice
To: US Court of Appeals for the District of Columbia Circuit
Date: August 2, 1996
Size: 6.4 MB, 4 pages (original paper copy)

Docket Document Number: F-1998-CUOP-S0007
Docket Item: Memorandum that describes an abbreviated state authorization revision application procedure for state rule changes in response to minor federal rule changes or corrections
From: Michael Shapiro, Director, Office of Solid Waste (name changed to Office of Resource Conservation and Recovery on January 18, 2009)
To: Regional Waste Management Division Directors
Date: December 19, 1994
Size: 5.5 MB, 2 pages (original paper copy)

Top of Page


Comments Received

The following comments were received in response to the May 6, 1998 direct final rule and proposal. Please note that these documents have been scanned into an electronic text format. You may view the original documents at the EPA Docket Center located at EPA West Building. The Docket Identification Number is EPA-HQ-RCRA-1998-0015 [legacy document number is F-1998-CUOP-FFFFF].

Docket Document Number: F-1998-CUOP-00001
Docket Item: Comment
From: Williston Basin Interstate Pipeline Company
To: US Environmental Protection Agency
Date: June 2, 1998
Size: 2.6 MB, 1 page (original paper copy)

Docket Document Number: F-1998-CUOP-00002
Docket Item: Comment
From: Safety-Kleen Corporation
To: US Environmental Protection Agency
Date: June 4, 1998
Size: 13 MB, 4 pages (original paper copy)

Docket Document Number: F-1998-CUOP-00003
Docket Item: Comment
From: Utility Solid Waste Activities Group, et al
To: US Environmental Protection Agency
Date: June 5, 1998
Size: 12,4 MB, 6 pages (original paper copy)

Docket Document Number: F-1998-CUOP-00004
Docket Item: Comment
From: State of New Hampshire Department of Environmental Services
To: US Environmental Protection Agency
Date: May 28, 1998
Size: 9.7 MB, 3 pages (original paper copy)

Docket Document Number: F-1998-CUOP-00005
Docket Item: Comment
From: National Automobile Dealers Association
To: US Environmental Protection Agency
Date: June 3, 1998
Size: 2.2 MB, 1 page (original paper copy)

Docket Document Number: F-1998-CUOP-00006
Docket Item: Comment
From: Illinois Environmental Protection Agency
To: US Environmental Protection Agency
Date: June 4, 1998
Size: 4.2 MB, 2 pages (original paper copy)

Docket Document Number: F-1998-CUOP-00007
Docket Item: Comment
From: Valvoline
To: US Environmental Protection Agency
Date: June 4, 1998
Size: 4.5 MB, 2 page (original paper copy)

Docket Document Number: F-1998-CUOP-00008
Docket Item: Comment
From: National Oil Recyclers Association
To: US Environmental Protection Agency
Date: June 4, 1998
Size: 6.4 MB, 4 pages (original paper copy)

Docket Document Number: F-1998-CUOP-00009
Docket Item: Comment
From: Pennzoil
To: US Environmental Protection Agency
Date: June 4, 1998
Size: 2.4 MB, 2 pages (original paper copy)

Docket Document Number: F-1998-CUOP-00010
Docket Item: Comment
From: Pennsylvania Department of Environmental Protection
To: US Environmental Protection Agency
Date: June 10, 1998
Size: 4.6 MB, 2 pages (original paper copy)

Top of Page


Local Navigation




Jump to main content.